' GHULAM NAUMAN SHAIKH (MEMBER).--- This order will dispose of application under Regulation 32(2)(c) of NIRC (P&F) Regulations, 1973 supported by affidavit filed by the Advocate for the petitioner to suspend the operation of the letter, dated 2-3-2007, whereby the petitioner has been designated to supervise vigilantly area (Galli) near the gate at junction LTM-II/City Garden, during his normal tenure of duty with immediate effect, and further to restrain the respondents and their connected persons from taking any adverse action in service under the pretext of the impugned letter.
2. Advocate for the respondents filed parawise comments with preliminary legal objections supported by counter-affidavit of General Manager Administration.
3. Affidavit-in-rejoinder was filed by the petitioner.
4. Heard arguments of Mr. M.A.K. Azmati, learned Advocate for the petitioner and Mr. Mehboob Rizvi, learned Advocate for the respondents.
5. Mr. M.A.K. Azmati, learned Advocate for the petitioner has contended that the respondents had illegally and malafidely terminated services of the petitioner. The petitioner filed grievance petition and he was reinstated in service without back-benefits with condition to hold fresh enquiry by the Second Sindh Labour Court, Karachi. The petitioner has filed appeal before Honourable High Court of Sindh against the order of the Second Sindh Labour Court, Karachi for non-awarding back- benefits and holding of fresh enquiry. On reinstatement the petitioner submitted his joining report at Messrs Lucky Textile Mills, Unit No,3, S.I.T.E., Karachi, wherefrom by order, dated 28-6-2006, the petitioner was transferred to Messrs Lucky Textile Mills Unit No,1 Federal "B" Area, Karachi, wherefrom by order, dated 30-6-2006 the petitioner was transferred to Messrs Lucky Textile Mills Unit No,2, Federal "B" Area, Karachi, where the petitioner is posted as Beam Fixer. The petitioner filed the present petition on 28-12-2006, wherein on an application moved under Regulation 32(2)(c) of NIRC (P&F) Regulations, 1973, this Bench of Commission has passed interim order, thereby restraining the respondents from terminating, removing or transferring the petitioner to far-flung area or taking any adverse action regarding the employment of the petitioner. Mr. M.A.K. Azmati, learned Advocate for the petitioner has contended that now the respondents have issued a letter, dated 2-3-2007 captioned as "Re-assignment of job profile" and transferred the petitioner from the work of production as Beam Fixer to security work, which is illegal, unlawful, mala fide and unfair labour practice on the part of the respondents. It is contended by the learned Advocate for the petitioner that the petitioner has no job experience of security, as such the petitioner apprehends that the respondents may make false cases against the petitioner on the pretext of leakage of security and will terminate services of the petitioner.
6. On the other hand Mr. Mehboob Rizvi, learned Advocate for the respondents has contended that letter, dated 2-3-2007 has been issued by the respondents purely on administrative reasons and it is not in violation of interim order, dated 28-12-2006 passed by this Bench of Commission, as the petitioner has been re-assigned his job profile in the same factory and re-designated to supervise area near the gate. It is prerogative of the respondents to assign duties to the workers and the petitioner cannot dictate the respondents about assignment of work, duties and posting. The petitioner has not been transferred to far-flung area, but has been posted within the vicinity of the same establishment. It is contended that the petitioner has refused to accept letter, dated 2-3- 2007 and obey the said order of his posting as supervisor, which act on his part tantamount to misconduct under Standing Order 15(3)(a) of the West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance, 1968, as such the petitioner is liable for disciplinary action. It is submitted that the petitioner was charge-sheeted on 6-3-2007 for remaining absent for 5 days in February, 2007 and continuously remaining absent from duty since 2-3-2007. In support of his contentions Mr. Mahboob Rizvi, learned Advocate for the respondents has placed his reliance as follows:--
(1) 1982 PLC 674 (Labour Appellate Tribunal Sindh), (2) 1979 PLC 492 (Labour Appellate Tribunal Sindh), (3) 1988 PLC 923 (National Industrial Relations Commission, Full Bench), (4) 1994 PLC 470 (National Industrial Relations Commission, Full Bench), (5) 2001 PLC 190 (National Industrial Relations Commission, Full Bench), (6) 1994 PLC 306 (National Industrial Relations Commission, Senior Member) (7) 2001 PLC 186 (National Industrial Relations Commission, Member).
7. In the present petition on an application under Regulation 32(2) (c) of NIRC (P&F) Regulations, 1973 alleging by the petitioner that the respondents had threatened to transfer him from Messrs Lucky Textile Mills Unit No,2, Federal "B" Area to some other far-flung area, to some of their other establishment owned by the respondents, due to refusal of the petitioner to join the pocket union of the respondents and to withdraw the appeal filed by the petitioner before the Honourable High Court of Sindh, this Bench of Commission by an interim order, dated 28-12-2006 has restrained the respondents from terminating, removing or transferring the petitioner to far-flung area or taking any adverse action regarding the employment of the petitioner. It appears that on his reinstatement by the Second Sindh Labour Court, Karachi, the petitioner reported for his duty at Messrs Lucky Textile Mills Unit No,2, S.I.T.E., Karachi on 29-4-2006. By order, dated 28-6-2006 the petitioner was transferred by the respondents from Messrs Lucky Textile Mills Unit No,3, S.I.T.E., Karachi to Messrs Lucky Textile Mills Unit No,1, Federal "B" Area, Karachi, wherefrom by order, dated 30-6-2006 the petitioner was transferred to Messrs Lucky Textile Mills Unit No,2, Federal "B" Area, Karachi, as Beam Fixer. These abovesaid two orders of transfer, dated 28-6-2006 and 30-6-2006 were not challenged by the petitioner, rather the petitioner accepted the said transfer orders and joined his duties at the respective jobs assigned to him. However, on allegations of threats to the petitioner, by an interim order, dated 28-12-2006 passed on application under Regulation 32(2)(c) of NIRC (P&F) Regulations, 1973, the respondents have been restrained from transferring the petitioner to far-flung area to any of the establishment owned by them. By the impugned letter, dated 2-3-2007, the respondents by re-assignment of job profile have designated the petitioner to supervise vigilantly area (Galli) near the gate at junction LTM-II/City Garden, during the normal tenure of duty with immediate effect, and to report about occurrence of any untowards incident to Admn. Officer through security staff, without altering his terms of service, allied matters and other conditions, including pay and allowances. Obviously the petitioner has not been transferred and posted to any far-flung area. In case the petitioner has no previous experience of the re- assignment of job profile, on the request so made by the petitioner, the respondents may impart experience to the petitioner of re-assignment job profile, so as to avoid occurrence of any gross error or mistake in performance of re-assignment job profile by the petitioner under the impugned letter, dated 2-3-2007.
' For the aforesaid reasons I am of the considered view that the petitioner has no prima facie case so as to suspend the operation of impugned letter, dated 2-3-2007. Accordingly, I dismiss the application under Regulation 32(2)(c) of NIR (P&F) Regulations, 1973, bearing No,24(24) of 2007-K.